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Laws Relating to Fair Grounds 



Compiled by State Law Library 
Albaay, New York 



January, 1918 



Laws Relating to Fair 
Grounds 

Laws of the various states and ter- 
ritories of the UNITED STATES, 
relating to the prohibition of gambling 
and obscene and immoral shows on 
fair grounds. 



(Only specified legislation of the subject is noted. 
Laws generally prohibiting gambling or immoral 
exhibitions are not included, unless fairs are par- 
ticularly mentioned therein. This compilation does 
not include prohibitions as to intoxicating liquors, 
unless same are incidentally a part of law noted.) 




m/c.u 



Compiled by State Law Library 
Albany, New York 



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^ ^y January 



, 1918 



p. of B. 

APR I 1918 



LAWS RELATING TO 
FAIR GROUNDS 

Alabama 

Code of 1907 (Political), sec. 72: 
Selling or granting privileges on grounds 
of agricultural fairs, to. wheels of fortune 
or any game of chance, or any device 
inimical to laws of the state, forbidden. 

Alaska 

No laws found. 

Arizona 

Revised statutes of 1913, sec. 4538: 

State Fair Commission given exclusive 
jurisdiction over grounds, etc., of state fair 
and authorized " to do all things which by 
said commission may be considered proper 
for the conduct of said fair, not otherwise 
prohibited by law." 
Arkansas 

No laws found. 
California 

No laws found. 
Colorado 

Laws of 1915, ch. 81 : 

Board of county commissioners may ap- 
point persons to conduct county fairs, or 
may rent fair grounds to corporation for 

3 



fairs and " also to conduct races, sports and 
other entertainments usually given at 
county fairs." 
Connecticut 

General statutes of 1902, sec. 4401, as 
amended by Laws of 1905, ch. 79 : 

No part of anv building or grounds 
within the enclosure in which is held the 
fair of any incorporated agricultural so- 
ciety shall be leased for the sale of spirit- 
uous or intoxicating liquors, the running of 
wheel-pools, so-called, or the unlawful 
practice of any games of chance, or im- 
moral shows, nor shall any right or priv- 
ilege be granted to any person to carry on 
such sale, games, or shows within such en- 
closure during the continuance of such fair. 
Delaware 

No laws found. 
District of Columbia 

No laws found. 
Florida 

Laws of 1917, ch. 7387: 

Provides for creation of corporations to 
hold state fairs or expositions; sec. 11 
provides : Nothing in this act shall be held 
or construed to authorize or permit any cor- 
poration organized hereunder to carry on, 
conduct, supervise, permit or suffer any 
gambling or game of chance, lottery, betting 
or other act in violation of the criminal 
laws of the state; forfeiture of charter is 
penalty for violation of this act. 
Georgia 

No laws found. 



Hazcaii 

Laws of 1917, ch. 20: 

" Fair Commission of Hawaii " estab- 
lished with jurisdiction over fairs; author- 
ized to sell concessions and space in fair 
grounds and to provide for accommoda- 
tion and maintenance of all exhibits, etc. 
Idaho 

Revised codes of 1908, v. 1, ch. 16, sec. 
3040: 

Count}' aid provided for agricultural fair 
associations or like corporations, provided 
none of the moneys so appropriated shall be 
used in defraying expenses of races of any 
character, nor for the payment" of purses 
for said races. 

Laws of 1917 ch, 149: 

Boards of county commissioners are 
given power to regulate use of public fair 
Grounds and to lease same for fairs or ex- 
hibition purposes upon such terms and condi- 
tions as in their judgment shall best promote 
the holding of such public fairs or exhibitions. 

Illinois 

Statutes annotated 1913, criminal code, 
par. 3741 : 

Bookmaking and pool selling prohibited 
generally, except that provisions relating 
thereto shall not apply to the actual in- 
closure of fair or race track associations 
that are incorporated under the laws of 
this state, during the actual time of the 
meetings of said associations, or within 
twenty-four hours before an}- such meet- 
ings. 

5 



Same, par. 207 : 

Before appropriation from Department of 
Agriculture is payable to any county fair, 
sworn statement must be filed that at such 
fair all gambling and gambling devices of 
whatsoever kind and sale of intoxicating 
liquors have been prohibited and excluded 
from grounds and from all adjacent 
grounds under authority and control of 
county fair or agriculture societ}^ 
Indiana 

Burns annotated statutes of 1914. sec. 
2467 : 

Unlawful for any officer, manager, direc- 
tor or trustee of any county fair, agricul- 
tural society or stock association, to rent, 
lease or donate any part of premises or 
grounds, or any stall, booth or tent to any 
persons, company or society, to be used for 
the purpose of carrying on any game of 
chance or skill or any scheme, lottery or 
drawing, with dice, cards, ball or wheels or 
any other device for the purpose of wager- 
ing money or anything of value, or upon the 
result of which any money or other thing 
of value shall be wagered. Penalty for 
violation, fine of not less than $25 nor more 
than $100. 
loiva 

Supplement to code, 1907, sec. 1661a: 

No state aid to county or district fairs 
unless affidavit from officers of association 
that no gambling devices or other viola- 
tions of law were permitted. 

Code of 1897, sec. 1664: 
6 



President of any agricultural society may 
appoint peace officers . . . who may 
seize all intoxicating liquors and all tools or 
other implements used in gambling, and re- 
move or cause to be removed all shows, 
swings, booths, tents ... or other 
things that may obstruct by collecting" per- 
sons around or otherwise, any thorough- 
fare leading to the enclosure in which 
agricultural fair is being held. 
Kansas 

General statutes of 1915, sec. 10352 : 

Any person v/ho shall sell pools, engage 
in games of chance or gambling devices of 
any kind, or in the sale of intoxicating 
drinks, upon any fa'ir grounds in this state, 
during the holding of any fair, and any 
officer of fair association who shall au- 
thorize or permit such pool-selling, gam- 
bling or the sale of intoxicating drinks as 
aforesaid, shall be fined not less than $25 
nor more than $100 for each offense. 

Laws of 1917, ch. 5, sec. 10: 

No state appropriation shall be available 
if any gambling devij:e or gambling of an}' 
kind shall be permitted upon the grounds of 
either fair covered by this act (Kansas state 
fair at Hutchison and at Topeka). 

Kentucky 

Kentucky state fair created by act of 1906. 
p. 385. Management and control under 
jurisdiction of state board of agriculture, 
forestry- and immigration. 
Louisiana 

Xo laws found. 



Maine 

Revised statutes of 1917, ch. 34, sec. 18: 
All agricultural societies receiving state 
aid shall cause the prohibitory liquor law 
to be enforced on all grounds over which 
they haAe control, and not allow immoral 
shows, gambling in an}- form or games of 
chance on said grounds. 

Sec. 19. Before payment of any state aid. 
a certificate must be presented from com- 
missioner of agriculture showing that pro- 
^•isions in regard to immoral shows, gam- 
bling and sale of intoxicating liquors have 
been strictly complied with. 
Maryland 

Annotated code of 1914, sec. 218: 
Not unlawful in any county (other than 
Baltimore City) for any person to make a 
pool or a book or to bet within the ground 
of any agricultural society upon the result 
of any trotting, pacing or running race of 
horses which shall be held within the same 
grounds . . . provided such grounds are 
licensed in the manner prescribed. 
Massacl.usetts 
Revised laws of 1902. ch. 124, sec. 22: 
No person shall engage in gaming or 
horse racing or exhibit, show or pla}' dur- 
ing the time of holding a cattle show or 
agricultural fair, or engage in pool selling, 
;it or within half a mile of the place of hold- 
ing such fair, etc. ( regular business within 
prescribed limits not required to suspend). 
Michigan 
No laws found. 



Minnesota 

General statutes of 1913, sees. 6505-6507: 

State agriculture society may license and 
regulate all shows, exhibitions, perform- 
ances and privileges on its fair grounds, 
and summarily stop the same if deemed 
offensive to good morals or contrary to 
law. 

Any person who shall exhibit or perform 
on fair grounds any indecent, obscene or 
immoral play or other representation shall 
be guilty of a misdemeanor. If any show 
or exhibition licensed shall prove to be 
indecent or immoral, the governing board 
shall close the same and license fee paid 
for such privilege and any money paid in 
connection therewith shall be forfeited to 
the society. 

Sees. 8738-8739 : 

Officer of any fair or fair ground, with 
or without warrant, shall arrest any per- 
son found in the act of committing any of 
the offenses mentioned in sec 8737 (swin- 
dling by cards or other devices or tricks) 
or any person whom he has good reason to 
believe has been guilty of any such offense. 
Officer of fair grounds shall eject any per- 
son known to him, or whom he has good 
reason to believe, to be a three-card monte 
man, or who offers to wager or bet money 
or other valuable thing upon what is com- 
monly known as " three-card monte," or 
on any trick or game with cards or other 
gambling device, and for such ejection, no 
action for damages shall be maintained. 



Mississippi 

No laws found. 
Missouri 

Revised statutes of 1909, sec. 681 : 
Board of directors of state fair have 
power to make all rules for proper control 
and conduct of state fair. Is forbidden, 
directly or indirectly, to permit any gam- 
bling devices of whatever nature to be 
operated on the grounds nor to permit in- 
toxicating liquors to be sold thereon. 

Sec. 698 : At any fair, show or exhibition 
held by any incorporated agricultural or 
mechanical society . . . every person 
guilty of disorderly conduct, or such con- 
duct as may interrupt or be prejudicial to 
the interests of such fair or exhibition 
whatever, within enclosure, or within 200 
yards thereof, shall be liable to immediate 
arrest. 
Montana 

Revised code, 1915 supplement, sec. 1320 : 
Board of directors of state fair have full 
control and management of all matters of 
administration and shall prepare rules for 
conduct and management of the fair. 
Xebraska 
Revised statutes of 1913, sec. 13 : 
No person shall be permitted to sell in- 
toxicating liquors or exhibit or conduct 
indecent shows or dances, or be engaged in 
any gambling, or other games of chance, or 
horse racing either inside the enclosure 
where any state, district or county agri- 
cultural society fair is being held, or within 

10 



forty rods thereof, during the time of hold- 
ing such fair. Penalty for violation of 
act, not less than $5 nor more than $50 : 
Provided that trial of speed of horses un- 
der direction of the society shall not be 
included in the term horse-racing : pro- 
vided also, upon proof of violation this sec- 
tion, inside the enclosure, amount of money 
appropriated shall be withheld from any 
money appropriated for ensuing year. 

Laws of 1913, ch. Ill: 

No person, firm, company or corporation 
engaged in the business of furnishing 
amusement or staging exhibitions for gain 
in this state at an}' . . . street fairs, 
carnivals or at any gathering of like nature, 
shall show or stage either in the open air, 
tent or any building, any immodest or im- 
moral act, scene or play or any immodest 
or immoral dance, song or dialogue . . . 
nor exhibit any wild-man or wild-woman 
shows or exhibitions or any person physi- 
calh' or mentalh" deformed (except in in- 
terest of medical science). 

Laws of 1917, ch. 168: 

County fair established under suoervision 
of " County Fair Board," who may employ 
such persons as it deems necessary for the 
proper management of the fair. 
Nevada 

No laws found. 
Neiv Hampshire 

No laws found. 
Xezv Jersey 

Compiled Laws of 1910, vol. 2, p. 2276: 

11 



Directors of every fair association shall 
have police jurisdiction upon grounds of 
association and for distance of one-quarter 
of a mile from boundaries of grounds : 
duty of directors to suppress sale of in- 
toxicating liquors by parties not regularly 
licensed; and to prohibit every species of 
gambling and breach ot peace or laws of 
the state on said grounds and within said 
limits : may appoint special police officers 
for this purpose. 
Neiv Mexico 

Annotated statutes of 1915, sec. 5008: 

State fair commission has entire juris- 
diction over management of state fair ; 
power to lease stall, stand and restaurant 
sites ; give prizes, arrange entertainments 
and do all things which by said commission 
may be considered proper for the conduct 
of said fair, not otherwise prohibited by 
law. 
New York 

Penal law, sec. 971, sub. 3 : 

Unlawful to keep or use any table, cards, 
dice or any other article or apparatus what- 
ever, used or intended to be used in play- 
mg any game of cards or faro, or other 
game of chance, upon which money is 
;isually wagered, at any of the following 
places : 

3. Within the distance of one mile from 
the grounds . . . upon which any public 
fair, exhibition, exercise or meeting is held 
in the open air. Violation of this section 
is a misdemeanor. 

12 



Agricultural law (Laws of 1909, ch. 9), 
sec. 310: 

Any agricultural society or club which 
shall knowingly permit any immoral, lewd, 
obscene or indecent show or exhibition, use 
or knowingly permit the use of any gam- 
bling device, instrument or contrivance in 
the operation of which bets are laid or 
wagers made, wheel of fortune, or playing 
or carrying on of any game of chance upon 
grounds used by it during annual fair or 
exhibition, shall thereupon forfeit its right 
to any state aid. Officers of association 
must certify that none of these things have 
been done before state aid may be paid 
over. 

North Carolina 

Pell's Revisal of 1908, sec. 3867: 

State appropriation for agricultural fairs 

shall not be made as directed unless all 

games of chance shall be excluded from the 

grounds of the corporation. 

North Dakota 
Xo laws found. 

Ohio 

Page & Adams annotated code, sec. 1085 : 
State board of agriculture shall have cus- 
tody of the fair grounds at Columbus and 
shall use the same for agricultural purposes 
and may permit the use of same by persons, 
firms, associations or corporations for such 
exhibition purposes and under such condi- 
tions as the board may from time to time 
prescribe. 

13 



Oklahoma 

Laws of 1911, ch. 118, sec! 2: 

County fairs receive an appropriation 
from counties for payment of premiums : 
provided, that no part of said appropriation 
shall be used or paid for exhibitions of 
speed or races. 

Laws of 1915, sec. 12 : 

Count}' fair association shall have ex- 
clusive rights to all stand rights and privi- 
leges of township and county fairs . . . 
I>rovided that no money appropriated under 
this act is used to defray any expenses or 
cost of races, horse shows or amusements. 

Laws of 1917, ch. 146: 

Board of directors have control over 
state fair, and make all rules, regulations, 
etc., necessary and suitable for the conduct 
of annual exhibition . . . not incon- 
sistent with the constitution and laws of 
this state . . . 

Oregon 

Laws of 1913, ch. 146: 

County fair board is given exclusive 
jurisdiction of county fair grounds and is 
entrusted with entire business management 
and other matters relating to fair. County 
treasurer can aopropriate certain amounts 
for fair, provided, that no part of said 
funds shall be awarded as premiums or 
prizes for trials of speed. 

Board of state fair directors have full 
control over state fair . . . entire di- 
rection of all rules, meetings and ex- 
hibitions. 

14 



Pennsylvania 

Laws of 1907, page 702, provided that no 
appropriation should be paid to agricul- 
tural association which permitted gambling 
devices or gambling in any form, upon 
premises of association during annual ex- 
hibition : but this act was repealed by 

Laws of 1917, act No. 412, sec. 8. 

This act provides that state aid shall be 
given agricultural associations, but that no 
association shall receive from the Com- 
monwealth a greater sum than that paid 
by the association as premiums on exhibits, 
exclusive of premiums paid for trials of 
speed. 

Porto Rico 

Laws of 1916, act No. 28 : 

Abolished the Insular Fair Board, which 
was created for holding annual exhibitions 
of agricultural and productive industries. 

W:ode Island 

Laws of 1917, resolution No. 53: 
Appropriates certain sums in state treas- 
ury for use of certain agricultural societies : 
provided, that no part of appropriation 
shall be paid to any society where gambling 
or sale of intoxicating liquors are permitted 
on the premises or grounds owned or con- 
trolled b}' such society. 

Philippine Islands 

No laws found. 
South Carolina 

No laws found. 

15 



South Dakota 

Laws of 1903, ch. 218, sec. 14: 

No person shall keep any shop, booth, 
tent, etc., for sale of spirituous liquors, nor 
engage in any gambling at or within one- 
half mile of the place where the state fair, 
or any agricultural, horticultural or me- 
chanical, county or district fair is being 
held. Violation of act is misdemeanor; 
fine not less than $5 nor more than $100. 

Tennessee 

Shannon's code of 1917: 

Statute prohibiting gambling generally 
under sec. 6224, which provides further that 
it shall be lawful for every person, upon 
complying with the rules of public fairs in 
the state, to enter and contend for any and 
all premiums, as may be offered by the di- 
rectors of public fairs in the state. 

Sec. 3038, provides that it is unlawful to 
sell liquor within one-half mile of enclosure 
around fair grounds, during the time of 
fair, without consent of Board of Directors. 

Texas 

No laws found. 
Utah 

No laws found. 
Vermont 

Public statutes, sec. 5946 : 

Betting on races forbidden, except that 
agricultural societies, corporations and as- 
sociations authorized by law to hold public 
fairs are exempt from provisions of act. 
16 



Laws of 1915, act No. 19: 

Act creating state fair commission pro- 
vides that no sum appropriated shall be al- 
lowed to any fair unless there is sworn 
statement made by superintendent or secre- 
tary of fair that no gambling establish- 
ments or obscene exhibitions have been 
licensed by officers of such fair to operate 
on grounds. 

Virc/inia 

Code of 1904, sec. 3818c: 

Act to prevent gambling or making books 
or pools is not to be construed to prevent 
agricultural (or other) societies from offer- 
ing a purse or premium at such trials of 
speed of animals or beasts as may be held 
by them. 

Washington 

No laws found. 
West Virginia 
Code of 1913, sec. 5330 : 

Forbids trafficking in intoxicating liquors 
at or within one mile of fair. 

Sec. 5331 : 

Business of horse trading upon highways 
or roads within one mile of fair grounds 
forbidden. 

IVisconsin 

Supplement to statutes of 1898, vol. 3, 
sec. 1463, as amended by the laws of 1913, 
ch. 496: 

State aid to agricultural societies and as- 
sociations for annual fairs providing sworn 

17 



statement is submitted that (among other 
things) at such fair, all gambling devices 
whatsoever; sale of intoxicating liquors 
and exhibitions of an immoral character, 
have been prohibited from fair grounds and 
from adjacent grounds. 

Wyoming 
Compiled statutes, 1910, sec. 722 : 
Board cf state fair commissioners shall 
not permit, directly or indirectly, any gam- 
bling device of whatsoever nature to be 
operated on fair grounds, nor permit any 
unlawful betting, nor any intoxicating li- 
quors to be sold thereon. 



